SATRUGHNA SAHOO Vs. KAMESWAR MAHADEV

JUDGEMENT

(1.) . This writ petition is at its threshold and is heard on the question of admission before issuing notice to the Opp. Parties, as two subtle points of law have been raised by the petitioner which are required to be dealt with elaborately.

(2.) THE facts of the case briefly are that the petitioner filed an application under Section 41(1) of the Orissa Hindu Religious Endowments Act, 1951 (hereinafter referred to as the 'Act') praying therein to declare the deity, Opp. Party No. 1 as a public deity and the petitioner as its hereditary trustee. The said application filed before the learned Addl. Assistant Commissioner of Endowments, Sambalpur was numbered as O.A. No. 6 of 2000 and by order dated 14.5.2001 the learned Addl. Asst. Commissioner of Endowments declared the Deity -Opp. Party No. 1 as a public deity and also the petitioner as its hereditary trustee.

(3.) THE petitioner appearing before the learned Commissioner of Endowments in the above appeal filed objection to the application under Section 5 of the Limitation Act and also contended before the Commissioner of Endowments that the appeal is not maintainable at the instance of the appellant, i.e., the Opp. Party No. 2 since he was not a party in the original application under Section 41 of the Act. The learned Commissioner of Endowments by order dated 1.3.2004 condoned the delay in filing the appeal and granted leave to proceed with the appeal holding the appeal to be maintainable at the instance of the present Opp. Party No.